Claims that ineligible MPs should pay back their salary and entitlements are silly. They still (presumably) performed their duties.

Even if they could be forced to re-pay their salary and entitlements, they'd probably then be able to sue for at least some of that back for the time they invested and the work they did.

Either way, financially destroying someone seems to me to be a disproportionately harsh penalty for carelessness.

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Aidan,

The Constitution is the highest authority in the country and cannot just be overridden with other legislation. A referendum is required to change the Constitution. Australia wouldn’t be much of a democracy if our politicians could simply circumvent the Constitution with legislation. Where would the protection be in that?

<<I think the court has really overstepped the mark on this one. The constitution did not include a bureaucratic restriction on timing, but the judges imposed one anyway …>>

The Constitution also doesn’t state that elected MPs must have taken all reasonable steps to denounce their foreign citizenship either, but doing so is an exception placed on sub-s 44(i) by the High Court the last time they oversaw the issue of MPs with dual citizenships.

The Constitution doesn’t include a lot of things. That’s why we have the High Court - to interpret the Constitution and determine the most reasonable outcome where ambiguities exist.

<<… even though such an imposition is neither in the interest of justice nor what the writers of the constitution intended.>>

Not even what the founding fathers intended? How do you know this? Have you read the 1890s debates concerning sub-s 44(i)? I’m pretty sure the sitting members of the High Court would have checked those.

"Either way, financially destroying someone seems to me to be a disproportionately harsh penalty for carelessness."

Seems to be the way for Centrelink and what if an MP stayed on in Parliament after he/she had reasonable suspicion that they were dual citizens?

Repayment pro rata?

"Speaking English fluently should also be a condition for continued residency after a period of 5 years. No English in that time should cancel any residency, leading to deportation"

What about a migrant from Papua who already speaks an Australian language and he/she is related to a Torres Strait Islander family, but has no English?

That these dual citizens got themselves onto the public payroll under false pretences should be enough reason for them to pay back their wages and perks, in my view. But, some of the rotters are talking about standing again at the necessary by elections; Barnaby Joyce has done that, and won for heaven's sake! Some Australians actually like having people of low character for politicians.

Be Jesus, "Speaking English fluently should also be a condition for continued residency after a period of 5 years. No English in that time should cancel any residency, leading to deportation"

My old Greek neighbour is in trouble, 50 years in Aussie and she can't speak a word of English. Not only do you have to speak English, you have to speak it "fluently". Given what they post, some of the forums right wing knuckle draggers are going to be in trouble, along with about half the dinky di's.

Who will go around doing the "testing", the Aussie Gestapo?

It has been noticed by the media that big mouth Anne Aly has gone quiet since she notified the 'House’ last year she had requested that Egyptian authorities nullify her citizenship of that country a mere 10 DAYS before close of nominations.

Wonder what happened, given Egyptian efficiency their and undoubted keen interest in Australian politics and Aly herself?

Another Labour hack, of course.

ttbn,

I recall the forum finger pointing, and a degree of gloating, when the first two parliamentarians to resign over this citizenship matter were Greens, Scott Ludlum and Larissa Waters.To their credit the pair did not try and weasel out, or put up some lame duck excuses, like so many subsequent wrong doers have. The HC interpreters the law as the law is. It was black and white, there never was any gray area as some had wanted to claim.
Even though it was initially confined to the Greens I had no sympathy for the pair. They made a mistake, and they had to pay the price, as all the subsequent offenders have been force to do, some have had to be dragged out of parliament, metaphorically speaking kicking and screaming, but gone they have. Some like Barnyard Joyce has, mores the pity, will return through an expensive by-election.